U.S. Forest Service v. Cowpasture River Preservation Association
U.S. Supreme Court · decided June 15, 2020 · Supreme Court Database (Spaeth)
- Decided
- June 15, 2020
- Term
- October Term 2019
- Vote
- 7–2
- Majority author
- Justice Thomas
- Issue area
- Economic Activity
- Disposition
- Reversed and remanded
- Outcome
- Petitioning party won
- Ideological direction
- Conservative
Opinion excerpt
Justice THOMAS delivered the opinion of the Court. We granted certiorari in these consolidated cases to decide whether the United States Forest Service has authority under the Mineral Leasing Act, 30 U.S.C. § 181 et seq. , to grant rights-of-way through lands within national forests traversed by the Appalachian Trail. 588 U. S. ----, 140 S.Ct. 36, 204 L.Ed.2d 1193 (2019) ; 588 U. S. ----, 140 S.Ct. 36, 204 L.Ed.2d 1193 (2019). We hold that the Mineral Leasing Act does grant the Forest Service that authority and therefore reverse the judgment of the Court of Appeals for the Fourth Circuit. I A In 2015, petitioner Atlantic Coast Pipeline, LLC (Atlantic) filed an application with the Federal Energy Regulatory Commission to construct and operate an approximately 604-mile natural gas pipeline extending from West Virginia to North Carolina. The pipeline's proposed route traverses 16 miles of land within the George Washington National Forest. The Appalachian National Scenic Trail (Appalachian Trail or Trail) also crosses parts of the George Washington National Forest. To construct the pipeline, Atlantic needed to obtain special use permits from the United States Forest Service for the portions of the pipeline that would pass through lands under the Forest Service's jurisdiction. In 2018, the Forest Service issued these permits and granted a right-of-way that would allow Atlantic to…
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